Press, Role of Press

According to first press commission, press should help, secure and protect a social order in which
justice (social, economic and political) would prevail. But role of the press in India should not be
that of an adversary (against) or of an ally of the government. The press should be watch dog and
act as catalytic agent for complete process of social and economic change.

Is press sets agenda?

The right to news report: For practical purpose, there may be said to be such a right, but it is not
absolute. Like court, assembly and public records.

No censorship prior to publication: Ordinarily, the freedom of press means that there is no
censorship prior to publication. However, during a period of great national stress as the time of
war a censorship might be forced.

Limitation of journalistic comments

Newspaper is free to comments upon public officers and candidates provided regards as honest
comments. But is should be fair and accurate. During the comment on justice, a journalist have to
face contempt of court.

Privacy is an important part of the law of the press

Privacy may be defined as the inherent right to regulate one’s personal affairs. A photo journalist
cannot take photo of a girl taking sun bath on the roof of her home.

Related questions.

1. What is press?
2. What is role of press?
3. What are limitations of Journalistic Comments?
 What is Justice?

There is no universally accepted definition for justice. Generally it is understood to be ‘giving a

person what is due to him’. Justice is a social product and differs from group to group. Justice for
one society is injustice for another because, it is a function of the assumptions and worldview of
groups of people concerning right and wrong. As every worldview or belief system is equally valid
and important for that group of people, there is no true and single universal justice. Justice seeks
to establish equilibrium in society when something goes ‘wrong’, in a way that is administratively
feasible and acceptable to all parties, according to a code of law. Thus justice is action oriented.
Justice has to be given by a group that has the legal power vested on them by the society.

What is Law?
John Salmond, an expert in law defines law as those principles applied by state in the
administration of justice. He and Thomas Aquinas considered justice as the goal of laws. Thus,
laws are a set of rules for society, designed to protect basic rights and freedom, and to treat
everyone fairly. It is a set of obligations to each other to enable society as whole to live in peace
and harmony. Laws are either made by individuals through contracts or are imposed on them by a
law establishing body.

Difference between Rights, Rules and Laws

1. Rights are born with, or given to an individual, in which he/she takes decision. Some rights
are granted by a law making body, and some are taken away.
2. Rules are guidelines for adherence to certain behavioral patterns. There are rules for games,
for social clubs, for sports and for adults in the workplace. There are also rules imposed by
morality and custom that play an important role in telling us what we should and should
not do.
3. The state or the court make and enforce laws. Laws offer a fair division of benefits for
those who follow it and burdens for those who break it. This creates equilibrium in the
society. They regulate the society through principles, procedures and rules.
4. Thus, “To live” is a right, “those who kill another is punishable with 12 years of
imprisonment and fine” is a law, while “Don’t kill others” or “respect life” are rules.

Laws and Society

Laws are inseparable from social life. If people were allowed to choose at random which side of
the street to drive on, driving would be dangerous and chaotic. Laws regulating our business affairs
help to ensure that people keep their promises. Laws against criminal conduct help to safeguard
our personal property and our lives.
How Laws are enacted in India

In India Laws in the form Bills are presented in Lok sabha and then Rajya Sabha. Being passed in
both houses it has to be approved by the president of India. Then it becomes a Law and come into
force as and when published in the Official Gazette. Parliament or state legislatures can amend or
repeal any law within their respective spheres of competence. However state laws has to abide by
the Laws of the parliament.

Types of Laws

Laws are generally categorized into criminal and civil.

1. Criminal laws:
Criminal Laws deal with offense and punishment, designed to protect society as a whole
from wrongful actions. For example, Traffic/road laws, laws regarding use of drugs,
adulteration of food or drinks, defamation, rape, murder, and theft. These are cases where
police can take action. Legal action can be initiated at the compliant of the government,
organizations or individuals. The procedure in criminal cases are according to the Criminal
Procedure Code (CRPC).
2. Civil Law:
Civil laws help solve problems which occur between individuals or groups For example,
laws related to contract, marriage, employment, and domestic violence. Civil cases are
settled by trained legal personnel and courts help solve. The damages claimed by the
plaintiff, or the punishment sought by him/her in civil case is finally decided by the judge.
Procedure in civil cases are decided by Civil Procedures Code (CPC). The cases could be
settled by trained legal personnel or courts.

Related questions.

1. What is law? Laws are important for press or Media, explain.

2. Explain kind of laws, in reference to India.
3. What is Criminal laws?
4. What is Civil laws?
 Bill and Act

HOW A BILL BECOMES AN ACT

A Bill is the draft of a legislative proposal. It has to pass through various stages before it becomes
an Act of Parliament.

What is Ordinance?

Ordinances are temporary laws that are promulgated (passed or given) by the President of India on
the recommendation of the Union Cabinet. They can only be issued when Parliament is not in
session. They enable the Indian government to take immediate legislative action. Ordinances cease
to operate either if Parliament does not approve of them within six weeks of reassembly, or if
disapproving resolutions are passed by both Houses. It is also mandatory for a session of
Parliament to be held within six months of passing an ordinance.

What is Regulation?

A rule or directive made and maintained by an authority. A rule or other order prescribed by
authority, especially to regulate conduct.

According to kollins dictionary…. Regulations are rules made by a government or other

authority in order to control the way something is done or the way people behave.

According to Webster dictionary… A rule or order issued by an executive authority

or regulatory agency of a government and having the force of law.

What is Statute?

An act of a legislature that declares, proscribes, or commands something; a specific law, expressed
in writing. A statute is a written law passed by a legislature on the state or federal level. Statutes
set forth general propositions of law that courts apply to specific situations. A statute may forbid
a certain act, direct a certain act, make a declaration, or set for the governmental mechanisms
to aid society

What is Code?

A collection of written law gathered together, usually covering specific subject matter. Thus state
may have a civil code, labor code and Motor vehicle code. Despite their apparent permanence
codes are constantly being amended by legislative bodies. Some codes are made and adopted by
regulatory agencies and are not actually statutes or laws.

What is Norms?

Something that is usual, typical or standard. An accepted standard or a way of behaving or doing
things that most people agree with eg. Social norms.

What is Conventions?

Conventions refers to unwritten customs shared throughout a community. Motor driving in which
side of road is conventions. Constitutional conventions emerge form customs, habit and common
practice and act as a regulation of conduct.

Related questions.

1. How a Bill become Act?

2. What is Ordinance?
3. What is Regulation?
4. What is Norms?
5. What is Code?
6. What is Conventions?
7. What is Statute?

Press Freedom or Freedom of Speech & Expression

India is one of those countries which guarantee their citizens the right to freely express themselves.
The Indian Constitution guarantees six fundamental freedoms, and the 'freedom of speech and
expression' is the first among them.

Article 19(1) of the Constitution reads: All citizens shall have the right to

a) Freedom of speech and expression;

b) Assemble peacefully and without arms;

c) Form associations and unions;

d) Move freely throughout the territory of India; 1

e) Reside and settle in any part of the territory of India;

f) Practice any profession, or to carry on any occupation, trade or business.

Thus all Indian citizens enjoy a constitutional right to give free expression to their views, opinions
and convictions. They have, for this purpose, the right to seek, receive and impart information and
ideas. As the exercise of freedom of expression requires a medium through which information and
ideas may be communicated, it naturally follows that the medium shall also be free. Our
Constitution does not specifically mention the freedom of the Press as in the U.S. Constitution.
However, the Supreme Court has, following the above logic, very explicitly ruled that freedom of
the Press is included in the guarantee of the freedom of expression, which also includes the liberty
to publish and circulate.

The apex court has held that there was, therefore, no need to make a separate provision for the
freedom of the Press. But, as this right has been guaranteed to all Indian citizens, the right of the
Press is no more than that of a citizen. Therefore, the Press cannot claim any special privilege.
Likewise, it con not be subjected to any special restrictions which are not applicable to the citizens.

No right is absolute. In an orderly society, liberty cannot mean a license. Like other freedoms, the
freedom of the Press is also not absolute. It is circumscribed by restrictions specified by the
Constitution itself.

Clause (2) of Article 19 of the Constitution empowers the State to enact laws imposing reasonable
restrictions on the exercise of this freedom. "In the interest of the sovereignty and integrity of
India, the security of the State, friendly relations with foreign States, public order, decency and
morality, or in relation to contempt of court, defamation or incitement to an offence". Thus, the
Constitution permits certain restrictions to be placed on the Press to protect the greater interests of
(a) the State, like the need to maintain its very existence, (b) the society, in the form of public
safety and tranquility, decency and motality, public confidence in the administration of justice,
and (c) the individual, in enjoying his reputation and fair name.

However, the various court verdicts have made it clear that:

i) The restrictions must not be approximately connected with any of the grounds enumerated in
Article 19 (2) and 19 (6).

I ii) They must be reasonable. What is reasonable I. *i question of fact, which will be decided by
the court. Reasonableness must stand to test both substantively and procedurally.
iii) They cannot totally extinguish the right. That is, the restrictions cannot be excessive. They
must relate and be commensurate to the gravity of the problem meant to be tackled by the intended
restriction.

iv) They should not be deliberately imposed or enforced with a view to controlling the Press.

Article 361A provides protection from any proceedings in any court in respect of the publication
in any newspaper and by any news agency of a substantially true report of the proceedings of either
House of Parliament or a State Legislature unless the publication is proved to have been made with
malice. However, this protection is not available in relation to reports of a secret sitting of any
House.

Related Questions.

1. What is Press Freedom?

2. What is Freedom of Speech and Expression?
3. Freedom of Speech and Expression is Important for Press, Why?
 Press Laws before Independence

The foundation of the Press law in India had been laid even before the first newspaper began
publication in the country. William Bolts, a former employee of the East India Company was
ordered to leave Calcutta, proceed to Madras and from there take his passage to Europe when in
1776, he had simply expressed his intention to start a newspaper. All he did was to paste a notice
on the gates of the Council Hall telling people that he had in his possession "in manuscript" many
things to communicate which were of intimate concern to every individual.

Amended Similarly, intolerance was shown to later publishers and editors although they all
happened to be British or other Europeans. James Augustus Hicky who started the first newspaper,
the 'Bengal Gazette or the Calcutta General Advertiser,' in 1780, was so harassed that he had to
finally close down his paper.

In 1795, censorship was introduced for the first time. The 'Madras Gazette' was asked to submit to
the Military Secretary all the general orders of the government for censorship before publication.
Pre-censorship was one of the three methods resorted to in order to deal with non-conforming
editors. The other two being the denial of postal privileges and deportation.

First press regulation 1799 or Wellesley’s Regulations on press

The love-hate relationship between the British administration and the owner-editors of the first
newspapers in India changed dramatically in 1799 when the Marquess of Lord Wellesley, the then
Governor General, introduced the first rules to regulate the press.

These rules, which are referred to as Wellesley’s Regulations impacted the growth of free press
for almost two decades. They can be described as the forerunner of efforts made by British rulers
to muzzle the press in India.

The key points of Wellesley Regulations were:

1. Every printer of a newspaper was required to print his name at the bottom of the paper.

2. Every editor and proprietor of a newspaper was required to provide his name and address
to the Secretary to the Government.

3. No paper was to be published on Sunday.

4. No paper was to be published unless it had been inspected by the Secretary to the
Government. It means without prior checking. This is also known as Pre-censorship.

5. The penalty for violating any of the rules was deportation to Europe.
The Wellesley Regulations, as expected, stifled the press, and there was no noteworthy activity till
1815. It was only in 1816, that a new chapter began when an Indian set up India’s first English
newspaper. The weekly newspaper, Bengal Gazette, was published by Gangadhar Bhattacharjee.

Related Questions.

1. What is First Press Regulation 1799 or Wellesley’s Regulations on Press?

2. What is Pre-censorship?

Licensing Regulations, 1823 or Adams Regulation

The acting governor-general, John Adams, who had reactionary views, enacted these. According
to these regulations, starting or using a press without licence was a penal offence. These restrictions
were directed chiefly against Indian language newspapers or those edited by Indians. Rammohan
Roy’s Mirat-ul-Akbar had to stop publication.

Related Questions.

1. What is Licensing Regulations, 1823?

2. What is Adams’s Regulation?

Press Act of 1835 or Metcalfe act

Metcalfe (Governor-general 1835-36) repealed the obnoxious 1823 ordinance and earned the
epithet, “liberator of the Indian press”. The new Press Act (1835) required a printer/publisher to
give a precise account of premises of a publication and cease functioning, if required by a similar
declaration.

Related Questions.

1. What is Press Act of 1835?

2. What is Metcalfe’s Regulation?
3. Metcalfe always supported Fess Press, explain?
Lord Cannings Act, 1857

Due to the emergency caused by the 1857 revolt, this Act imposed licensing restrictions in addition
to the already existing registration procedure laid down by Metcalfe Act and the Government
reserved the right to stop publication and circulation of any book, newspaper or printed matter.

Lord Cannings re-imposed Press Regulation in 1923. It is more restricted. Main regulation are…
1. Establishment and use of printing Press Prohibited. (Pre-permission).
2. Govt. can give license or cancel it on its own will.

Related Questions.

1. What is Lord Cannings Act, 1857?

Vernacular Press Act, 1878

A bitter legacy of the 1857 revolt was the racial bitterness between the ruler and the ruled. After
1858, the European press always rallied behind the Government in political controversies while
the vernacular (Indian Language) press was critical of the Government. There was a strong public
opinion against the imperialistic policies of Lytton, compounded by terrible famine (1876-77), on
the one hand, and lavish expenditure on the imperial Delhi Durbar, on the other.

The Vernacular Press Act (VPA) was designed to ‘better control’ the vernacular press (Indian
Language Press) and effectively punish and repress seditious writing.

The provisions of the Act included the following:

1. The district magistrate was empowered to call upon the printer and publisher of any vernacular
newspaper to enter into a bond with the Government undertaking not to cause disaffection against
the Government or antipathy between persons of different religions, caste, race through published
material; the printer and publisher could also be required to deposit security which could be
forfeited if the regulation were contravened, and press equipment could be seized if the offence
re-occurred.

2. The magistrate’s action was final and no appeal could be made in a court of law.

3. A vernacular newspaper could get exemption from the operation of the Act by submitting proofs
to a government censor.

The Act came to be nicknamed “the gagging Act”. The worst features of this Act were—(i)
discriminator between English and vernacular press, (ii) no right of appeal.

Under VPA, proceedings were instituted against Som Prakash, Bharat Mihir, Dacca Prakash and
Samachar.
(Incidentally, the Amrita Bazar Patrika turned overnight into an English newspaper to escape
the VPA.)

Later, the pre-censorship clause was repealed, and a press commissioner was appointed to supply
authentic and accurate news to the press. There was strong opposition to the Act and finally Ripon
repealed it in 1882.

Related Questions.

1. What is Vernacular Press Act, 1878?

First Press Commission (1952-54):

The first Press Commission was formed under the Chairmanship of Justice J. S. Rajadhyakhsa on
23rd September 1952 by the Ministry of Information and Broadcasting to inquire into the state of
the Press in India. Some of the other members of the 11-member working group were Dr. C.P.
Ramaswamy Aiyer, Acharya Narendra Deo, Dr. Zakir Hussain, and Dr. V.K.V. Rao. It was asked
to look into factors, which influence the establishment and maintenance of high standards of
journalism in India.

The Commission inquired into the control, management and ownership, the financial structure as
well as other important aspects of the newspaper industry in the country. The Commission, after a
careful and detailed study, concluded that there should be indigenisation of both capital and the
staff especially at the higher levels and it was highly desirable that proprietorial interests in daily
and weekly newspapers should vest predominantly in Indian hands.

After considering the recommendations of the Press Commission and the Note submitted by the
Ministry of Information & Broadcasting, Government of India, the Union Cabinet adopted a
Resolution on 13 September, 1955, which became the basic policy document in regard to the Press
in India. The resolution is as follows:-

“The Cabinet considered the Ministry of Information & Broadcasting’s note dated May 4, 1955,
and was of the view that so far as the ownership of newspapers and periodicals by nationals of
other countries was concerned, the problem was not a very serious one as there were only a few
such newspapers and periodicals. The Cabinet, therefore, felt that no action needs to be taken in
regard to these newspapers and periodicals but that no foreign-owned newspaper or periodical
should, in future, be permitted to be published in India. The Cabinet, however, agreed that the
other recommendation of the Commission that foreign newspapers and periodicals, which dealt
mainly with news and current affairs, should not be allowed to bring out Indian editions, should
be accepted in principle.
During the past 46 years since the above Resolution came into effect, no foreign newspaper or
periodical has been allowed to be published from India nor has any foreign investment in the
domestic print media sector been permitted.

However, in the new context of globalization, the demand for foreign participation and investment
in the print media has been raised by a section of the newspaper industry. In the public debate
which has taken place on this issue, the opinion of the print media has been divided. Since the
issue has far reaching consequences for the Press in India, the Committee decided to take up this
subject for a detailed study. A public notice was issued.

The commission was appointed because after independence the role of the press was changing
from a mission to business. It found that there was a great deal of scurrilous writing often directed
against communities or groups, of indecency and vulgarity and personal attacks on individuals. It
also noted that yellow journalism was on the increase in the country and was not particularly
confined to any area or language. The commission, however, found that the well-established,
newspapers on the whole, had maintained a high standard of journalism.

It remarked that whatever the law relating the press may be, there would still be a large quantity
of objectionable journalism, which, though not falling within the purview of the law, would still
require some checking. It felt that the best way of maintaining professional standards of journalism
would be to bring into existence a body of people principally connected with the industry whose
responsibility would be to arbitrate on doubtful points and to ensure the punishment of any one
guilty of infraction of good journalistic behaviour. An important recommendation of the
commission was the setting up of a Statutory Press Commission at the national level, consisting
of press people and lay members. Its recommendation and the action taken can be summed up as
follows:

• To protect the freedom of the press and to maintain high standards of journalism, a press council
should be established.

The press council of India was established on July 4, 1966 which started functioning from

November 16 (on this date, National Press Day is celebrated) 1966.

• To prepare the account of the press and the position of every year, there should be appointment
of the Registrar of Newspaper for India (RNI).

It was also accepted and RNI was appointed in July 1956.

• Price-page schedule should be introduced.

It was also accepted in 1956.

• For maintaining a cordial relationship between the government and the Press, a Press
Consultative Committee should be constituted.

It was accepted and a Press Consultative Committee was constituted on 22nd Sept. 1962.

• Working Journalists Act should be implemented.

The government implemented this and in 1955 the working journalist and other newspaper
employees (conditions of services) and miscellaneous Provisions Act was set up.

• It recommended establishment of a fact-finding Committee to evaluate the financial position of

the newspapers and news agencies.

A Fact Finding Committee was set up on 14th April 1972. It submitted its report on 14th January

1975.

• For protecting the main principles of the freedom of the press and to help the newspapers against
monopolistic tendencies, a Newspaper Financial Corporation should be constituted.

It was accepted in principle and on 4th December 1970, a Bill was also presented in the Lok Sabha,
but it lapsed.

Related Questions:

1. What is First Press Commission (1952-54)?

2. What were the main recommendations of First Press Commission?
3. Write down the salient features of First Press Commission.

Press Council of India

The Press Council of India, which was first set up in 1966, under the Act of 1965, was abolished
after the proclamation of emergency in 1975. However, the government enacted a new Press
Council Act in 1978. Thus, the Council came into being again in 1979. Under this Act, the Council
comprises a Chairman and 28 other members. Until now, only former Supreme Court judges have
been selected for the Chairmanship of the council. The Chairman is selected by a committee
consisting of the Chairman of the Rajya Sabha, the Speaker of the Lok Sabha and a person chosen
by the members of the Council from among themselves.

Twenty members of the Council are nominated through an elaborate procedure from the panels of
names submitted by representative bodies of working journalists, working editors,
prdprietors/managers of newspapers and managers of news agencies. Of these, thirteen are
nominated from among working journalists including six editors and seven other working
journalists. Not less than three editors and four other working journalists should be from
newspapers in Indian languages. Out of the six owners or managers of newspapers, two each
should be from small, medium and big categories of newspapers. One person is nominated from
among the managers of news agencies. The term of the Chairman and of the Council is three years.
While the members retire on the expiry of the term of the Council, the Chairman may continue in
office until a new incumbent is nominated, but not for more than six months beyond the three-year
term. A retiring member can be re-nominated for not more than one term. That is, a person can be
a member of the Press Council for maximum period of six years.

Three persons having special knowledge or practical experience in respect of education and
science, law and literature and culture are nominated, one each by the University Grants
Commission, the Bar Council of India and the Sahitya Academy.

The Press Council of India has a two-fold objective; one, to preserve the freedom of the Press and
two to maintain and improve standards of newspapers and news agencies in India. The Press
Council has very wide functions in furtherance of its dual objectives of preserving Press freedom
and maintaining and improving standards of print journals. However, the Council does not deal
with the electronic media. The Council has quasi-judicial functions and has, therefore, been vested
with powers of a civil court. It can summon and examine witnesses, require the discovery and
inspect documents, receive evidence on affidavits, issue commissions for examining witnesses or
documents, or any other matter which may be prescribed. The Council holds open inquiries on
complaints received both against newspapers and new agencies, and journalists as well as those
made against the authorities, individuals, associations or groups of people. On the basis of its
inquiries the Council declares its adjudications. The Council has issued important guidelines to
deal with situations like communal riots, and has rendered opinions on the law effecting the Press.

Objectives of the Press Council of India

Press Council of India was revamped in 1979 following the enactment of a fresh legislation by
Parliament in 1978. Although the composition of the council underwent few changes, but the
objectives of the council remain the same:

• Preserving the freedom of the press

• Maintaining and improving the standards of press in India

Organizational setup of Press Council of India:

The present Council is a body corporate having perpetual succession. It consists of a Chairman
and 28 other members. Of the 28 members, 13 represent the working journalists. Of whom 6 are
to be editors of newspapers and remaining 7 are to be working journalists other than editors. 6 are
to be from among persons who own or carry on the business of management of newspapers. One
is to be from among the persons who manage news agencies. Three are to be persons having special
knowledge or practical experience in respect of education and science, law and literature and
culture. The remaining five are to Members of Parliament: three from Lok Sabha, and two from
Rajya Sabha.

Functions of Press Council of India

The Press Council Act, 1965, listed the following functions of the Council in furtherance of its
objects:

• To help newspapers to maintain their independence

• To build up a code of conduct for newspapers and journalists in accordance with high
professional standards

• To ensure on the part of newspapers and journalists the maintenance of high standards of public
taste and foster a due sense of both the rights and responsibilities of citizenship

• To encourage the growth of a sense of responsibility and public service among all those engaged
in the profession of journalism

• To keep under review any development likely to restrict the supply and dissemination of news
of public interest and importance

• To keep under review such cases of assistance received by any newspaper or news agency in
India from foreign sources, as are referred to it by the Central Government

• Provided that nothing in this clause shall preclude the Central Government from dealing with any
case of assistance received by a newspaper or news agency in India from foreign sources in any
other manner it thinks fit

• To promote the establishment of such common service for the supply and dissemination of news
to newspapers as may, from time to time, appear to it to be desirable;

• To provide facilities for the proper education and training of persons in the profession of
journalism

• To promote a proper functional relationship among all classes of persons engaged in the
production or publication of newspapers

• To study developments which may tend towards monopoly or concentration of ownership of

newspapers, including a study of the ownership or financial structure of newspapers, and if
necessary, to suggest remedies therefore

• To promote technical or other research

The Press Council of India 1978 Act added three new functions for the council:

a) Promoting the establishment of such common services for the supply and dissemination of news
to newspapers as may, from time to time, appear to it to be desirable;

(b) Providing facilities for proper education and training of persons in the profession of journalism;
and,

(c) Promoting technical or other research’

Powers of the Press Council of India

The Press Council can’t force any newspaper, news agency, editor or journalist to reveal the source
of any news or information

• The council has power to censure any news which violates the standards of journalistic ethics or
public taste

• The council can hold inquiry against an editor or a working journalist if s/he is found of
committing professional misconduct

• Every inquiry held by the Council shall be deemed to be a judicial proceeding within the meaning
of sections 193 and 228 of the Indian Penal Code.

Related Questions:

1. What is Press Council act?

2. What are the objectives of Press Council of India?
3. Write down the salient features of First Press Council.

PRESS AND REGISTRATION OF BOOKS ACT, 1867

OBJECTIVE PRESS AND REGISTRATION OF BOOKS ACT

1. Is to secure information relating to the printing establishment and their publications

2. To regulate printing press and newspapers.
3. To preserve and register copies of every book and newspaper printed in India.
4. To prevent publication of anonymous literature.

Introduction.

1. In this act, unless there shall be something repugnant in the subject or context
 a. Newspapers means any printed periodical work containing public news or
comments or public views.
b. The editor means a person who controls the selection of the matter that is published
in a newspaper.
c. Book’ is a printed publication and includes every volume, part or division of a
volume and pamphlet in any language and every sheet of music, map, chart or plan
separately printed.
d. Press Registrar means the registrar of newspapers for India appointed by the Central
Govt. under sec 19(A) and includes any other persons appointed by the Central govt
to perform all or any of the functions of the registrar.

Salient features of Press and Registration of Book act

Every owner of the Press (for printing books, newspapers, periodicals and papers etc) must
make a declaration before the district/metropolitan/Sub divisional magistrate of that area.

1. Printer and Publisher of every newspaper subscribe a declaration before the concerned
District/Metropolitan/Sub divisional Magistrate.
2. Every book, paper or newspaper shall print the name of the editor, Printer, Publisher,
address of printing place and place of publication. If the language, Ownership or place
of printing or publishing is changed, a new declaration shall be necessary.
3. Every printer shall deliver copies of the book, newspaper or periodical with a
memorandum containing the title page, long, Periodicity and all related information to
the public library, free at his cost. (WB –Registrar of Publications, Bhawani Bhavan).

5. If a printer or the publisher who shall have made such a declaration leave India for a period
exceeding 90 days or is rendered incapable of carrying out his duties for a period exceeding
90 days in circumstances not involving the vacation of his appointment, a new declaration
shall be necessary.

6. If any person ceases to be the printer or publisher of the newspaper mentioned in such
declaration he shall appear before any district/metropolitan/sub divisional magistrate and
make and subscribe in duplicate a declaration likewise.

7. If any person whose name has appeared as an Editor on a copy of a newspaper, claims that
he was not the editor of the issue he may within 2 weeks of his becoming aware that his
name has been so published appear before the district, metropolitan or sub divisional
magistrate, who after requisite enquiry shall certify accordingly the person not to be
responsible for that issue.
 In 1955 Sec 19 (A) was inserted in this act. According to the provisions of this section of
the central government created an office and a post of Registrar of Newspapers for India
(RNI) at New Delhi. The functions of RNI are to:

a. Verify titles of new newspapers (daily periodicals), magazines on the basis of

applications.
b. Allot registration numbers and issue certificate to the papers, magazines etc.
c. Issue revised certificates and duplicate registration certificates (as and when
necessary)
d. Verify the claim of circulation of the paper.
e. Receive annual statement from registered papers of India compile those and publish
an annual report for submission to the government.
f. Allocate Newsprint to newspapers.
g. Help the papers in import of printing/composing machines and allied machinery

PENALTIES:

A. Whoever shall print or publish or keep in his possession any book or paper otherwise than
in conformity with the rule be punished by fine not exceeding Rs.2000 or by simple
imprisonment for a term not exceeding 6 months or by both.
B. Any person who shall in making a declaration make a statement which is false Shall be
punished by a fine of Rs.2000 and an imprisonment not exceeding 6 months. When the
offence is committed in relation to a newspaper the magistrate may also cancel the
declaration.
C. If any printer/publisher in India neglects to deliver copies of the same in compliance with
the law, he shall on complaint of the officer to whom copies should have been delivered or
any other person authorized by that officer in his behalf, be punishable with a fine which
may extend to fifty rupees for every default.

Related Question…..
1. What is Press and Registration of Book act?
2. What are the Objectives of Press and Registration of Book act?
3. Write down the salient features of Press and Registration of Book act.
Role and Function of Registrar of Newspaper (RNI)
INTRODUCTION

The Office of the Registrar of Newspapers for India, more popularly known as RNI, is a
government office in India. It came into being on 1 July 1956, on the recommendation of the First
Press Commission in 1953 and by amending the Press and Registration of Books Act 1867. The
Press and Registration of Books Act contains the duties and functions of the RNI. On account of
some more responsibilities entrusted upon RNI during all these years, the office is performing both
statutory as well as some non-statutory functions.

1. STATUTORY FUNCTIONS: Compilation and maintenance of a Register of Newspapers

containing particulars about all the newspapers published;

a. Issue of Certificate of Registration to newspapers published under valid

declaration;
b. Scrutiny and analysis of annual statements sent by the publishers of newspapers
every year under PRB Act containing information on circulation, ownership etc;
c. Informing district magistrates about availability of titles, to intending publishers for
filing declaration;
d. Ensuring that newspapers are published in accordance with the provisions of PRB
Act 1867 and the rules made thereunder;
e. Verification under Section 19-F of PRB Act, of circulation claims furnished by the
publishers in their Annual Statements; and
f. Preparation and submission to the Government on or before December 31 each
year, a report containing all available information and statistics about the press in
India with particular reference to the emerging trends in circulation and in the
direction of common ownership units etc.

2. NON-STATUTORY FUNCTIONS:

a. Formulation of Newsprint Allocation Policy - Guidelines and issue of Eligibility

Certificate to the newspapers to enable them to import newsprint and to procure
indigenous newsprint;
b. Assessing and certifying the essential need and requirement of newspaper
establishments to import printing and composing machinery and allied materials.

Related Question…..
1. What is Registrar of Newspapers for India (RNI)?
2. What are the function of Registrar of Newspapers for India (RNI)?
3. Write down the salient features RNI.
The official secrets act, 1923
The Official Secrets Act, 1923 is a comprehensive document relating to official secrets and defines
a number of offences. The Act is aimed at maintaining the security of the State against leakage of
secret information, sabotage and the like. However, many of the acts prohibited by this law may
be committed by newspapers and journalists, as private individuals, while performing their duties.

The Official Secrets Act, 1923 broadly has two parts-one relating to spying for the enemy (Secs.
3 & 4). The punishment for spying in relation to the country's defense is up to fourteen years. The
other relates to unauthorized communication of any other secret official code or pass words, or
any sketch, plan, model, article, note, document or information (Sec.5).

The provisions of Sec. 5 are more important from the stand-point of the freedom of the Press. The
Government whose administrative culture is secrecy, has an internal system of dividing its
documents into 'classified' and 'non-classified' categories. The classified documents are considered
secret under various statutes, such as "Top Secret", "Secret", "Confidential" and "Restricted
personal-note for publication". Laws against printing of classified documents are understandable
in relation to certain areas like defense and security of the country. But, the Official Secrets Act
also prohibits publication or communication of any information, which may be directly or
indirectly useful to the enemy.

Regarding official secrecy and freedom of information, it is interesting to know about an American
case. In the case of New York Times vs. U.S.A. in 1971, the U.S. Supreme Court refused injunction
for restraining publication of' the Pentagon papers relating the US foreign policy on the Vietnam
war. By majority, the court decided that no injunction could be imposed upon press freedom on
the basis of surmises and conjectures that untoward consequences might result. The court can issue
an injunction only when the publication of a matter will inevitably, directly and immediately
imperil the safety of the nation.

In India, it has been widely demanded that section 5 of the Official Secrets Act which inhibits
free reporting should be done away with. It prescribes a punishment with imprisonment upto five
years or fine or with both for a person who voluntarily receives or communicates any official
secret. The Act does so without defining an official secret. This means that any official information
which has been deemed by the authorities as secret can be published only on the pain of
punishment.

The law does not recognize the fact that it may be in the public interest to publish certain
information which, in the opinion of the authorities, should not be revealed. Thus, there is a clash
of public interest. The question involved here is between the public's right to open government and
government's need for secrecy. The Second Press Commission and the Press Council of India have
recommended that Sec. 5 be scrapped. The Commission has suggested its replacement by
provisions modelled on those of the British Freedom of Information Bill, 1978. The Council has
asked for the repeal of the Official Secrets Act, 1923 in to and to enact a new legislation which
may be called Freedom of Information Act. Exceptions or permissible restrictions to this freedom
may be specified in the proposed Act.

There are to opinions on the Official Secrets Act, 1923. One opinion is that it is the most deadly
of all laws affecting the Press in this country and its existence in the statute book has a chilling
effect on investigative reporting. However, under this Act not many prosecutions have been
launched against newsmen and newspapers. According to Arun Shourie, who is widely known for
his investigative reporting, newsmen are often not very active and they use the official secrets Act
to shield their inactivity. These laws are in fact help to the Press. In his article in India Today of
30 September, 1983, Shourie has said that the Official Secrets Act is aimed against a person
passing Official Secrets surreptitiously to enemies of the State. Barring some hyper-patriotic
umpiring by the judges it would be well nigh impossible for a government to use the Act to
prosecute a pressman for disclosing secrets openly to the people, secrets which it is manifestly in
their own interest to know. After the internal emergency period, during the Janata Party regime,
the government set up a working group to examine the question of official secrecy. The group
.reported that in view of the present situation the provision of the Official Secrets Act should be
made more stringent and rigorous.

Related Question…..
1. What is the Official Secrets Act?

Right to Information Act, 2005

Objectives

• To set out a practical regime of right to information for citizens of India

• To secure access to information under the control of public authorities

• To promote transparency and accountability in the working of every public authority

• To contain corruption

• To increase citizens’ awareness and ability to exercise their other rights

• To equip them to participate meaningfully in the development process

Who are covered under RTI

Covers all public authorities which means:

 a. Any body constituted under the constitution or a law made by parliament or
state legislatures.

b. Any body constituted by a notification or order issued by the central / state

governments.

c. Any body owned, controlled or substantially financed by the central

government or the state government.

Who are exempted?

Intelligence and security organizations established by the Central or State Governments as

notified from time to time.
However, information relating to alleged corruption or human rights violations is not
exempted from disclosure.

Scope of the Right to Information

Right to information includes the right to:

inspection of work, documents, records;

taking notes, extracts or certified copies thereof;

taking certified samples of material;

obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any
other electronic mode or through printouts where such information is stored in a computer or in
any other device;

Exemptions

Information which would prejudicially affect

sovereignty and integrity of India;

security/strategic/scientific/economic interests of the State;

relation with foreign State

Information which might incite an offence

Information which

- is forbidden by a court;

- that causes a breach of privilege of the Legislature;

 - would harm the competitive position of a third party;

- is held in fiduciary relationship, unless larger public interest

Warrants disclosure;

- received in confidence from foreign Government;

- would endanger the life of any person;

- would impede the process of investigation;

- would involve an infringement of copy right.

Personal information which has no relationship to any public activity or interest

Cabinet papers including records of deliberations of the Council of Ministers, Secretaries

and officers;

Obligations of Appropriate Government

• Constitution of Information Commission (S/12,15)

– Constitution of Central or State Information Commission by the appropriate

Government

– Framing Rules (Section 27)

– Appropriate Government to make rules to carry out the provisions of this Act

• Review of existing Acts/Rules

– Act has over-riding effect on any other Act/Rule/Order (Sec 22)

– Necessary to review all Acts/Rules etc. to remove points of conflict with this Act

Obligations of Government

• Spread Awareness

– Develop and organize educational programs to advance the understanding of the

public, in particular of disadvantaged communities regarding the exercise of the
right.

• Training
 – train Central Public Information Officers or State Public Information Officers, as
the case may be, of public authorities and produce relevant training materials for
use by the public authorities themselves.

Action taken by the Central Government

CIC constituted

Rules of procedure, fee etc. notified

Conduct rules for public servants brought in line with the Act

Training institutes requested to include the Act in their training modules. All the leading training
institutes are conducting training on RTI

GOI-UNDP Project on “Capacity Building for Access to Information” being undertaken across 24
Districts in 12 States and (2 districts in each State).

Obligations of Public Authorities

Proactive disclosure (Sec 4 of RTI Act 2005)

• Particulars of the organisation, its functions and duties;

• Procedure followed in its decision making process

• Norms set out for the discharge of its functions;

• Rules, regulations, instructions, manuals and records used by its employees for the
discharge of its functions,

• Arrangement for consultation with or representation by the public, in policy

formulation/implementation;

• Advice given by the boards, councils, committees etc.

• Directory of its officers and employees

• Budget allocated

• Details of the implementation of subsidy programmes

• Particulars of recipients of concessions, permits etc.

• Such information as may be prescribed

Designation of PIOs etc.

 • Designate Public Information Officer to provide information to applicants

• Also to designate APIOs at sub-divisional/district level

• No bar on the number of such PIOs/APIOs

• Designate appellate authority for the first appeal within the public authority

Publication of all relevant facts relating to important policies and decisions

Provide reasons for administrative or quasi-judicial decisions to affected persons

Procedure for seeking information[Sec. 6]

Application can be made in writing including through electronic mediums in English or

Hindi or local official language of the area.

Where request is not in writing, PIO to provide assistance to reduce it to writing.

Reasons for seeking information need not be given.

Fees: Section 7

Prescribed Fees to be paid along with the application. No fee for persons below the poverty
line. Application fees, to be prescribed in the rules, shall be reasonable.

Further fees, towards cost of providing information, to be intimated by the PIO.

Applicant can seek a review of the fees through an appeal to the prescribed Appellate
Authority.

Applicant to be provided information free of cost in case of failure to comply with the
response time-limit.

Fees prescribed by the Central Government:

For supply of information

Application fee: Rs.10.

Cost of stationery: Rs. 2/each page of the

information in A4/A3 size of paper and actual cost in case of larger size of paper.

Cost per floppy/CD: Rs. 50.

For inspection of records

No fee for first hour.

 Rs.5 for each subsequent hour and fraction thereof.

Response Time : Section 7

30 days from the date of application.

48 hours if involves the life or liberty of a person.

40 days if involves the interests of a third party.

No response on application within the time limit is deemed refusal.

Appeals[ Section 19]:

Internal

First appeal to the officer immediately senior to Public Information Officer within 30 days
of decision.

Appeal to be disposed of within a period of 30 days extendable upto a total of 45

days.

External

Second appeal to CIC/SIC within 90 days of decision of Appellate Authority.

In both the appeals onus to justify denial of request shall be on the PIO. Decision of the CIC/SIC
is final and binding.

Penalty Provisions[Sec. 20]:

PIO liable to a fine of Rs. 250 per day up to a maximum of Rs. 25,000/- for

not accepting an application;

delaying information release without reasonable cause;

malafidely denying information;

knowingly giving incomplete, incorrect or misleading information;

destroying information that has been requested; and

obstructing furnishing of information in any manner.

 CIC/SIC empowered to impose penalty on PIO. They can also recommend disciplinary
action against an erring PIO.

CIC/SIC-Functions [Sec.18]

• Besides appeals, CIC/SIC also authorised to enquire into complaints regarding-

Inability to submit an request for information because a PIO has not been appointed;

Refusal/deemed refusal of information.

Allegation that the fees charged are unreasonable.

Allegedly incomplete or false or misleading information.

CIC/SIC-Powers [Sec.19]

CIC/SIC granted powers of Civil Court such as –

summoning and enforcing attendance of witnesses, compelling evidence on oath

and production of documents

requisitioning public records from any court or office

Any other matter which may be prescribed

CIC/SIC can require Public Authorities to interalia take the following steps

Appoint a PIO.

Publish certain information or categories of information

Make necessary changes to the records management, maintenance and destruction

procedures.

Enhance the training provision for officials on RTI.

Seek an annual report from the Public Authority.

Compensate for any loss or other detriment suffered by the requestor.

Removal of difficulties: Central Government empowered to issue orders to remove

difficulties in the implementation of the Act. (Sec. 30)

Related Question…..
1. What is Right to Information Act, 2005?
2. What are the objectives of Right to Information Act, 2005?
3. Write down the power of CIC/SIC.
The Protection of Women from Domestic Violence Act 2005

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India
enacted to protect women from domestic violence. It was brought into force by the Indian
government from 26 October 2006. The Act provides for the first time in Indian law a definition
of "domestic violence", with this definition being broad and including not only physical violence,
but also other forms of violence such as emotional/verbal, sexual, and economic abuse

What is domestic violence?

Any kind of abusive behavior by your husband or male partner or their relatives (includes male
and female relatives). It need not be physical abuse. It could also be verbal, emotional, sexual or
economic abuse. Harassment by way of unlawful dowry demands to the woman or her relatives
would also be covered under this definition.

If you are a victim of domestic violence, what can you do?

This is a special law focused on victims and giving them relief from domestic violence. You can
file an application under this law. This does not stop you from seeking other civil or criminal action
against the offenders.

Who are the different authorities you can approach under this law?

As a victim, you can approach either the ‘Protection Officer’ or the ‘Service Provider’ under this
law. You can also approach the police or a Magistrate directly.

The salient features of the Protection from Domestic Violence Act, 2005 are as follows:

• The Act seeks to cover those women who are or have been in a relationship with the
abuser where both parties have lived together in a shared household and are related by
consanguinity, marriage or a relationship in the nature of marriage, or adoption; in
addition relationship with family members living together as a joint family are also
included. Even those women who are sisters, widows, mothers, single women, or living
with them are entitled to get legal protection under the proposed Act.
• "Domestic violence" includes actual abuse or the threat of abuse that is physical, sexual,
verbal, emotional and economic. Harassment by way of unlawful dowry demands to the
woman or her relatives would also be covered under this definition.
• One of the most important features of the Act is the woman’s right to secure housing. The
Act provides for the woman’s right to reside in the matrimonial or shared household,
whether or not she has any title or rights in the household. This right is secured by a
residence order, which is passed by a court. These residence orders cannot be passed
against anyone who is a woman.
• The other relief envisaged under the Act is that of the power of the court to pass
protection orders that prevent the abuser from aiding or committing an act of domestic
 violence or any other specified act, entering a workplace or any other place frequented by
the abused, attempting to communicate with the abused, isolating any assets used by both
the parties and causing violence to the abused, her relatives and others who provide her
assistance from the domestic violence.
• The draft Act provides for appointment of Protection Officers and NGOs to provide
assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.
• The Act provides for breach of protection order or interim protection order by the
respondent as a cognizable and non-bailable offence punishable with imprisonment for a
term which may extend to one year or with fine which may extend to twenty thousand
rupees or with both. Similarly, non-compliance or discharge of duties by the Protection
Officer is also sought to be made an offence under the Act with similar punishment.

Duties of Authorities

The law imposes certain duties on the main authorities responsible for enforcing this law. When a
police officer, Protection Officer, Service Provider or Magistrate comes to know that someone is
suffering from domestic violence, they must inform the victim of the following rights:

• The victim can apply for any of the reliefs recognized under this law i.e. a protection
order, monetary relief, custody order, residence order or a compensation order.
• The victim can use the services of certain official Service Providers.
• The victim can approach a Protection Officer and ask them for help.
• The victim can ask for free legal aid.
• The victim can also file a criminal complaint under the general law on crimes (the Indian
Penal Code, 1860). Please note that filing a criminal complaint can put the offenders in
jail for up to three years. The victim must have suffered a graver degree of abuse (i.e.
cruelty) to be able to file a complaint.

Related Question…..

1. What is the Protection of Women from Domestic Violence Act 2005?

Domestic Violence Act 2005

Identify the acts of domestic violence

1. Physical violence • Beating, • Slapping, • Hitting, • Biting, • Kicking, • Punching, •

Pushing, • Shoving, or • Causing bodily pain or injury in any other manner.
2. Sexual violence • Forced sexual intercourse, • Forces you to look at pornography or any
other obscene pictures or material, • Any act of sexual nature to abuse, humiliate or
degrade you, or which is otherwise violative of your dignity or any other unwelcome
conduct of sexual nature, • Child sexual abuse.
3. Insults •Name calling •Accusations on your character or conduct etc. •Insult for not
having a male child, •Insult for not bringing dowry etc. •Yelling and Screaming
 •Preventing you or the child in your custody from attending school, college or any other
educational institutions Verbal and Emotional Violence.
4. Preventing you from taking up a job, • Forcing you to leave your job, • Preventing you
or a child in your custody from leaving the house, • Preventing you from meeting any
person in the normal course of events, • Forcing you to get married when you do not want
to marry, • Preventing you from marrying a person of your choice, • Forcing you to marry
a particular person of his/their choice, • Threat to commit suicide, • Any other verbal or
emotional abuse.
5. Economic violence. Not providing you money for maintaining you or your children, •
Not providing food, clothes, medicines etc. for you and your children, •Stopping you
from carrying on your employment or, •Disturbing you in carrying on your employment,
•Not allowing you to take up an employment or, •Taking away your income , salary,
wages etc., •Not allowing you to use your salary, wages etc., •Forcing you out of the
house you live in, •Stopping you from accessing or using any part of the house, •Not
allowing use of clothes, articles or things of general household use, •Not paying rent if
staying a rented accommodation etc. Economic Violence.
6. Who is the victim (Aggrieved person)? • Every woman (aggrieved person) or a child
who is, or has been, in a domestic relationship with the perpetrator (respondent) of
domestic violence can take the help of PWDV Act, 2005.
7. Who is the abuser/perpetrator of domestic violence? Any adult male person
(perpetrator) who is, or has been, in a domestic relationship with the aggrieved person
(victim). Provided that an aggrieved wife or female living in a relationship in the nature
of a marriage may also file a complaint against a relative of the husband or the male
partner.
8. Domestic Relationship • A relationship between two persons who live or have, at any of
time, lived together in a shared household, when they are related by consanguinity
(blood), marriage, or through a relationship in the nature of marriage, adoption or are
family members living together as a joint family.
9. Shared household. A household where the victim lives or at any stage has lived in a
domestic relationship either singly or along with the perpetrator and includes such a
household whether • Owned, or • Tenanted either jointly by the victim and the
perpetrator, or • Owned or tenanted by either of them in respect of which either of them
or both jointly or singly have any right, title, interest or equity and includes such a house
hold which may belong to the joint family of which the perpetrator is a member,
irrespective of whether the perpetrator (respondent) or the victim (aggrieved person) has
any right, title or interest in the shared house hold.
10. What you need to do. •Raise your voice. • Talk to your friends and relatives about it. •
Take the help of a NGO or police. • File an FIR (First Information Report) in the nearest
police station. • Take the help of ‘The Protection of Women from Domestic Violence
Act’, 2005 (PWDV Act, 2005) and contact the Protection Officer of your area and
register D.I.R (Domestic Incident Report). • You can also directly go to the Magistrate.
 11. How law can help you. Under the PWDV Act, 2005, you can get the following
reliefs/orders: 1. Protection (from any act of domestic violence) order 2. Residence orders
- right to reside 3. Monetary reliefs 4. Custody orders 5. Compensation orders 6. Interim
and ex-parte orders.
12. Where can you file a case against the perpetrator of domestic Violence? • You can
file case in the court of Judicial Magistrate of the first class or the Metropolitan
Magistrate within the local limits of the area where: • You, permanently or temporarily
resides or carry on business or employed; or • Where the perpetrator permanently or
temporarily resides or carry on business or employed; or • The cause of action had taken
place.

Narcotic Drugs and Psychotropic Substances Act, 1985

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS
Act, is an Act of the Parliament of India that prohibits a person to produce/manufacture/cultivate,
possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic
substance. The Narcotic Drugs and Psychotropic Substances Bill, 1985 was introduced in the Lok
Sabha on 23 August 1985. The NDPS Act has since been amended thrice - in 1988, 2001 and 2014.
The Act extends to the whole of India and it applies also to all Indian citizens outside India and to
all persons on ships and aircraft registered in India.

Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect from
March 1986. The Act is designed to fulfill India's treaty obligations under the Single Convention
on Narcotic Drugs, Convention on Psychotropic Substances, and United Nations Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

What does this law do?

• Regulates drug use and possession.

• Prohibits trafficking in drugs.
• Allows the government to control the cultivation, production and use of some drugs, for
medicinal purposes.

What are the crimes under this law?

• Cultivating different kinds of narcotic drugs such as cannabis, coca plants and opium
poppy.
 • Possession of illegal drugs and substances - depending on the quantity of drugs you are
caught with and the type of drug, you can be sent to jail for up to 20 years.
• Repeat offenders (usually those involved in trafficking) can be given up to 30 years or the
death penalty in extreme cases.
• Any other handling of or dealing with illegal drugs and substances.

Related Question…..

2. What is Narcotic Drugs and Psychotropic Substances Act, 1985?

3. What is NDPS, 1985?

Juvenile Justice (Care & Protection of Children) Act 2015

Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of
India. It aims to replace the existing Indian juvenile delinquency law, Juvenile Justice (Care and
Protection of Children) Act, 2000, so that juveniles in conflict with Law in the age group of 16–
18, involved in Heinous Offences, can be tried as adults. The Act came into force from 15 January
2016.

• The bill allow a Juvenile justice board, which would include Psychologists and
Sociologists to decide whether a Juvenile criminal in the age group of 16-18 should trialled
as an Adult or Not.

• Bill also seek to make the adaptation process of orphaned, abandoned, and surrendered
children more streamlined.

• Parents giving up their child for adaptation will get 3 month to reconsider, compared to
the earlier provision of one month.

• A person giving alcohol or drugs to a child shall be punished with 7 years imprison and/or
₹100,000 fine. Corporal punishment will be punishable by ₹50,000 or 3 years of
imprisonment. A person selling a child will be fined with ₹100,000 and imprisoned for 5
years.

• The bill allows for juveniles 16 years or older to be tried as adults for heinous offences
like rape and murder. Heinous offences are those which are punishable with imprisonment
of seven years or more.
 • The bill mandates setting up Juvenile Justice Boards and Child Welfare Committees in
every district. Both must have at least one woman member each.

• The decision to try a juvenile 16 years or older as an adult will be taken by the Juvenile
Justice Board, which will have a judicial magistrate and two social workers as members.
If the board decides against it, the juvenile will be sent for rehabilitation.

Related Question…..

4. What is Juvenile Justice (Care & Protection of Children) Act 2015?

THE CONTEMPT OF COURTS ACT, 1971

Contempt of Court Contempt is nothing but lowering down prestige of the court. Basically
essence of respect towards court is the objective behind contempt of courts act

In this Act, unless the context otherwise requires,

(a) Contempt of court means civil contempt or criminal contempt;

(b) Civil contempt means wilful disobedience to any judgment, decree, direction, order,

• writ or other process of a court or wilful breach of an undertaking given to a court;

Criminal contempt:

Criminal contempt means the publication (whether by words, spoken or written, or by signs, or by
visible representation, or otherwise) of any matter or the doing of any other act whatsoever which.

(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court;
or

(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding;
or

(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of
justice in any other manner;

Innocent publication and distribution of matter not contempt:

 • A person shall not be guilty of contempt of court on the ground that he has published
(whether by words, spoken or written, or by signs, or by visible representations, or
otherwise) any matter which interferes or tends to interfere with, or obstructs or tends to
obstruct, the course of justice in connection with any civil or criminal proceeding pending
at that time of publication, if at that time he had no reasonable grounds for believing that
the proceeding was pending.

Fair and accurate report of judicial proceeding not contempt:

• Subject to the provisions contained in Section 7, a person shall not be guilty of contempt
of court for publishing a fair and accurate report of a judicial proceeding or any stage
thereof.

Fair criticism of judicial act no contempt:

A person shall not be guilty of contempt of court for publishing any fair comment on the merits of
any case which has been heard and finally decided.

Punishment for contempt of court:

• A contempt of court may be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to two thousand rupees, or with both.

• The accused may be discharged or the punishment awarded may be remitted on apology
being made to the satisfaction of the court.

Related Question…..

5. What is Contempt of Court?

6. What is Criminal Contempt of Court?
7. What is Civil Contempt of Court?

Working Journalist Act, 1955

The Working Journalists and Other Newspaper Employees (Conditions of Service) and
Miscellaneous Provisions Act, 1955 is a welfare measure meant to regulate conditions of service
of the people employed in the newspaper industry. Its provisions relate mainly to (a) special
provisions in respect of certain cases of retrenchment, (b) payment of gratuity, (c) hours of work,
(d) leave, (e) fixation of revision of rates of wages, (f) enforcement of the recommendations of the
wage fixation machinery, i.e., wage boards and wage tribunals, (g) Employees' Provident fund,
and (h) recovery of money due from the employer.

In order to fix or revise rates of wages, separate Wage Boards for working journalists and other
newspaper employees can be set up under the Act. The Wage Board for journalists shall consist of
a chairman, two representing working journalists and two independent persons. In the Wage Board
for non-journalist newspaper employees, two persons representing them shall be included. The
Chairman of both the Boards is to be an independent person who is or has been a Judge of the High
Court or the Supreme Court.

The Central Government may fix interim rates of wages (popularly called 'interim relief) in
consultation with the Boards. Money due to an employee under this Act can be recovered from the
employer by the Collector in the same manner as an arrear of land revenue, and have it paid to the
employee.

Related Question…..

8. What is Working Journalist Act, 1955?

Copyright Act, 1957

A work of literature, drama, music or art is an intellectual property. It must be protected from
illegal copying or reproducing it. The copyright Act, 1957 accords this protection. This law is
based on two competing considerations. One, the creator's property, that is, the original works need
to be protected. Two, for advancement of knowledge in the interest of the society, there should be
some amount of freedom to produce parts, of other people's copyrighted works.

Copyright has been held to be a right which a person acquires in a work which is the result of his
intellectual labour. The primary function of the copyright law is to protect from annexation by
other people the fruits of a man's work, labour or skill.

In respect of the Press, copyright means, under Section 14 of the Copyright Act, 1957, the
exclusive right in the case of a literary, dramatic or musical work, to do and authorize the doing in
substantive form of any of the following acts, namely:

i) to reproduce the work in any material form; ii) to publish the work; iii) to make any adoption of
a work; and iv) To reproduce or publish translation of the work. Punishment for knowingly
infringing or abetting the infringement of a copy right is imprisonment which may exceed upto
one year or fine or both.

Related Question…..

9. What is Copyright Act, 1957?